Published: January 01, 2008 11:32 pm            

Mayor: Relax bake sale ban

SALEM, Mass. — Mayor Kim Driscoll is calling for a compromise in the battle over bake sales.

After hearing about a senior citizens bake sale that had to be canceled in November in response to a memo from the city's health agent, Driscoll said she's concerned the ruling goes too far.

The interpretation from Health Agent Joanne Scott requires all items sold at bake sales to be prepared in a kitchen with a Board of Health permit - a requirement that Driscoll said "effectively prohibits bake sales." The majority of homes don't have permits.

Monday, Driscoll urged the health department to ease the requirements and find a middle ground with local churches and charities that rely on bake sales as fundraisers.

"Bake sales have been a time-honored tradition, and I hope there's a way to allow them to continue," Driscoll said. "I understand the board is concerned about public health, but I do feel there are a lot of organizations that rely on bake sales as a way to raise revenue and have people contribute to their mission. I feel we have to find a way to make that happen."

As an alternative, Driscoll suggested requiring certain disclosures, similar to the ones on restaurant menus warning about the risks of consuming undercooked meat.

"There has to be a way where the concerns of the Board of Health can be addressed and bake sales can continue," Driscoll said.

The issue came to light after Scott sent a memo to local religious groups and nonprofit organizations outlining bake sale regulations.

Senior citizens had to cancel their annual Election Day bake sale because most of the breads and cookies for sale would have been homemade, baked in unpermitted kitchens. The senior center on Broad Street does, however, feature a properly permitted kitchen.

"This has been my interpretation of the (state) food code for at least 14 years," Scott said. "It's not new. It's not a new interpretation, and it's not a new regulation. ... Any time I've found there's been a nonprofit asking for bake sale items made in an unpermitted kitchen, I've let them know they can't do that."

Scott said she found out about the senior citizens bake sale after receiving a memo sent to all city employees asking for donations.

Bake sales aren't banned, she said, but they are subject to certain regulations.

Health department officials are saying little about their reasoning behind the restrictions.

"I'd rather not discuss this in the newspaper," Scott said. "It should be discussed at a Board of Health meeting."

It's unclear whether the Board of Health will take up the issue at its next meeting on Tuesday.

Paulette Puleo, who takes over as chairwoman of the Board of Health this month, had no comment other than to say the board was only "minimally involved" in the issue.

Other members, when contacted, backed Scott.

"I think in this day and age, we need to be careful," said outgoing Chairwoman Christina Harrington. "When you have things that are made in somebody's kitchen, there's no way of knowing the level of cleanliness, particularly with food that can be a problem - meat or anything with milk or eggs."

"I think there are plenty of good reasons for not having people make food for bake sales in their homes," board member Martin Fair said. "The Board of Health has no control over people's personal hygiene, no control over sanitation in the house. They could have animals, they could be eating, drinking, using tobacco while preparing food. They're probably not wearing hair restraints; they're likely to have bare-hand contact with ready-to-eat food.

But, Fair said, Scott may have misinterpreted the state food code.

In her letter, Driscoll seems to agree, citing a section of the state food code that specifically exempts food prepared in a private kitchen for a religious or charitable bake sale.

"We're the only community I'm aware of that's taken this stringent approach to regulating bake sales," Driscoll said. "We want to try to find a way to find a middle ground."



Chris Cassidy writes for the Salem News of Salem, Mass. E-mail her at ccassidy@ecnnews.com

        

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